Bill H.3286
187th (2011 - 2012)

An Act to implement evidence-based practices in the Massachusetts justice system

Bill Title: An Act to implement evidence-based practices in the Massachusetts justice system

By Representatives Dykema of Holliston and Hecht of Watertown, a petition (accompanied by bill, House, No. 3286) of Carolyn C. Dykema, Jonathan Hecht and others for an investigation by a special commission (including members of the General Court) of the implementation of evidence-based practices in the judicial system. The Judiciary.

There shall be a special commission to be known as the commission on evidence-based practices, to identify and implement evidence-based practices across all agencies of the Massachusetts justice system for the purpose of promoting public safety, reducing recidivism, limiting incarceration and overcrowding of correctional facilities, and reducing costs.

The commission shall consist of the house and senate chairs of the joint committee on public safety & homeland security, the house and senate chairs of the joint committee on the judiciary, the attorney general or a designee, the chief justice of administration and management or a designee, the secretary of public safety and security or a designee, the secretary of health and human services or a designee, the commissioner of corrections or a designee, the commissioner of probation or a designee, the executive director of the parole board or a designee, a sheriff appointed by the governor, a district attorney appointed by the governor, the chief counsel of the committee for public counsel services or a designee, a representative of the Massachusetts Bar Association, a representative of the Crime and Justice Institute, and 3 experts in the field of criminal justice, one each appointed by the governor, the senate president, and the speaker of the house.

The commission shall, within 1 year of the effective date of this act, identify and implement evidence-based, scientifically-validated risk and needs assessment instruments to be used in guiding dispositions at all stages of the judicial process, including, but not limited to, arraignment, bail, pre-trial diversion, pre-trial detention, disposition, sentencing, incarceration, pre-release programs, probation, parole and reentry. The instruments shall be consistent across agencies within the commonwealth to facilitate coordination among agencies and achieve effective individual case management that promotes public safety and successful correctional outcomes.

The commission shall also, within 1 year of the effective date of this act, identify data required to be collected by all agencies of the Massachusetts justice system relating, but not limited to arrest, arraignment, bail, pre-trial diversion, pre-trial detention, disposition, sentencing, incarceration, pre-release programs, probation, parole, and reentry. The data shall be collected consistently and in a format that facilitates sharing and coordination among the agencies and shall be linked to the evidence-based risk and needs assessment instruments and other evidence-based practices.

The commission shall meet regularly, and in no event, less often than quarterly, to review the data so collected and to identify and implement additional evidence-based practices to promote public safety, reduce recidivism, limit incarceration and overcrowding of correctional facilities, and reduce costs.

The commission shall, within 1 year of the effective date of this act and annually thereafter, submit a report to the senate ways and means committee, the house ways and means committee, the joint committee on public safety & homeland security, and the joint committee on the judiciary concerning the implementation of this act.

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